{"id":55379,"date":"2023-07-17T08:01:35","date_gmt":"2023-07-17T13:01:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55379"},"modified":"2023-07-17T08:01:35","modified_gmt":"2023-07-17T13:01:35","slug":"e-d-mich-claim-of-exaggerated-facts-doesnt-state-franks-violation-without-showing-intent-to-mislead","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55379","title":{"rendered":"E.D.Mich.: Claim of exaggerated facts doesn’t state Franks<\/em> violation without showing intent to mislead"},"content":{"rendered":"\n

Defendant\u2019s claim that the officer exaggerated some facts in the affidavit for warrant didn\u2019t state a Franks challenge without an allegation it was done to mislead. United States v. Delgado, 2023 U.S. Dist. LEXIS 121793 (E.D.Mich. July 14, 2023).<\/p>\n\n\n\n

\u201cThe affidavit in this case contained a minimally sufficient nexus between James’s drug dealing and his residence at 1698 Coventry. It explained his back-and-forth travel to a large-scale marijuana and THC enterprise in Michigan and his ongoing role in manufacturing marijuana and THC products and regularly distributing them in Northern Ohio in the months leading up to the search. Additionally, the affidavit noted several instances of suspected drug trafficking behavior at or near James’s residence.\u201d United States v. James, 2023 U.S. App. LEXIS 17967 (6th Cir. July 13, 2023).*<\/p>\n\n\n\n

\u201cSanders argues that there were no exigent circumstances allowing for the warrantless seizure of his dogs. But we have held that animals facing imminent danger from heat, lack of water, lack of nutrients, and living amongst squalor such as feces, bugs, and dirty water create an exigent circumstance allowing for the warrantless seizure of the animals. \u2026 And the conditions in which Sanders’s dogs were found certainly align with those we have found endanger the lives of animals and indicate exigent circumstances exist.\u201d Sanders v. Genesee Cnty., 2023 U.S. App. LEXIS 17975 (6th Cir. July 14, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s claim that the officer exaggerated some facts in the affidavit for warrant didn\u2019t state a Franks challenge without an allegation it was done to mislead. United States v. Delgado, 2023 U.S. Dist. LEXIS 121793 (E.D.Mich. July 14, 2023). \u201cThe … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,38],"tags":[],"class_list":["post-55379","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-nexus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55379","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55379"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55379\/revisions"}],"predecessor-version":[{"id":55380,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55379\/revisions\/55380"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55379"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}